What you need to know about choosing an enterprise name when setting up your company in the Hainan FTP

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What you need to know about choosing an enterprise name when setting up your company in the Hainan FTP

An enterprise name shall be composed of administrative division, shop name, industry and organizational form in turn, except as otherwise stipulated by laws and administrative regulations. For example: the name of an enterprise is Hainan Shanshui Trade Co., Ltd., Hainan is the administrative division, Shanshui is the shop name, trade is the industry, and the limited company is the organizational form.

Question: How to understand the administrative division in the enterprise name?

Answer: The administrative division in the enterprise name is the designation or place name of the administrative division at or above the county level where the enterprise is located. The name of a municipal district cannot be used as an administrative division in the enterprise name alone.

Question: Can the enterprise name not include administrative division?

Answer: With the approval of the State Administration for Market Regulation, the enterprise legal person that meets any of the following conditions can exclude administrative division in its name:

(i) approved by the State Council;

(ii) registered by the State Administration for Market Regulation;

(iii) with registered capital (or registered fund) of not less than 50 million Yuan;

(iv) otherwise stipulated by the State Administration for Market Regulation.

Question: How to apply for the change of enterprise name to remove administrative division?

Answer: If a domestic enterprise in Hainan Province applies for a change of enterprise name to remove administrative division, the applicant may first apply to the company registration authority, and the latter will issue the review opinion, which shall be submitted by the provincial bureau of industry and commerce to the State Administration for Market Regulation for approval.

With the notice of approval of name change issued by the State Administration for Market Regulation, the applicant shall register the change of name with the market supervision and administration authority.

Question: Can the words "China", "Chinese", "national", "state" and "international" be used in the enterprise name?

Answer: Except for the enterprises decided to be established by the State Council, the enterprise name shall not comprise the words "China", "Chinese", "national", "state" and "international". Where the words "China", "Chinese", "national", "state" and "international" are used in the enterprise name, the words shall be the qualifier of the industry. Wholly foreign-owned enterprise or foreign-invested enterprise controlled by foreign side that uses the brand name of a foreign (regional) enterprise may use the word "(China)" in the middle of the name.

Question: How many Chinese characters should the shop name consist of in the enterprise name?

Answer: The shop name in the enterprise name should be composed of more than 2 characters.

Question: Can the enterprise name use numbers and Pinyin alphabet?

Answer: No. The enterprise name shall use Chinese characters that conform to national norms, and shall not use Pinyin alphabet or Arabic numerals.

Question: Can the shop name in the enterprise name use personal name?

Answer: In the enterprise name, the name of the natural person investor can be used as the shop name.

Question: What is the industry in the enterprise name?

Answer: The industry expression in the enterprise name should be a term that reflects the national economic industry to which the nature of the enterprise's economic activities belongs or the business characteristics of the enterprise.

The content of the industry expression in the enterprise name shall be consistent with the business scope of the enterprise. If the nature of the enterprise's economic activities belongs to different categories of national economic industry, the industry in the enterprise name shall be expressed in terms of the category of national economic industries to which the nature of the main economic activities belongs.

Question: Can the enterprise name express the industry the enterprise is engaged in without using the term of category of the national economic industry?

Answer: If the term of category of the national economic industry is not used in the enterprise name, the following conditions shall be met:

(i) the nature of the enterprise's economic activities belongs to more than five major categories of the national economic industry;

(ii) the registered capital (or registered fund) of the enterprise is more than 100 million Yuan or it is the parent company of the enterprise group;

(iii) it has different shop name from that in the enterprise name approved or registered by the same market supervision and administration authority.

Question: How long is the declared enterprise name valid?

Answer: The enterprise name declaration and enterprise name change approval is valid for 1 month. When the period of validity expires, the approved name will automatically become invalid.

Question: Can the declared enterprise name be transferred and used for business activities within the period of validity?

Answer: The declared enterprise name shall not be used for business activities or transferred within the period of validity. For enterprise name change, before the registration authority approves the registration of the change, the enterprise name approved to be changed in the Notice of Approval of Enterprise Name Change shall not be used to engage in business activities, nor may it be transferred.

Question: Which enterprise names will fail to be approved by the market supervision and administration authority?

Answer: The enterprise name will not be approved under any of the following circumstances:

(i) it has the same shop name as that in the enterprise name in the same industry approved or registered by the same market supervision and administration authority, except for those with investment relationship;

(ii) it has the same shop name as that in the enterprise name in the same industry approved or registered by the same market supervision and administration authority in accordance with Article 18 of the measures, except for those with investment relationship;

(iii) it is the same as the original name of other enterprises whose name has been changed for less than one year;

(iv) it is the same as the name of the enterprise whose registration has been cancelled or whose business license has been revoked for less than three years; and

(v) other violations of laws and administrative regulations.

Question: Does the registration authority have the power to correct the approved enterprise name?

Answer: If a registered enterprise name causes deception or misunderstanding to the public in use, or harms the legitimate rights and interests of others, it shall be recognized as inappropriate enterprise name and corrected.

Question: Can the enterprise change its name?

Answer: Yes. If the enterprise decides to change its name, it shall apply for change registration within 30 days from the date on which the change resolution or decision is made.

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